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HomeMy WebLinkAbout96-02768 I' \ , "" \ I I '\ 1 ~ ~ i ~ ~ 'I l . f ~ I' I \ \ I' " " KIMBERLY K. ESHELMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, Vs. NO. 96- CIVIL TERM LEROY C. ESHELMAN, Defendant CIVIL ACTION - LAW ORDER OF COURT AND NOW, this day of , 1996, upon pr~sentation and ~onsideration of the within Petition, a hearing shali be held on this matter on , the day of , 1996 at a.m./p.m. in Court Room ~ Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, - J. just before touching her face, turned slightly and put his fist through the wall. He then pushed her so that she fell backward and hit her head on the furniture causing bruising on her leg and back and a brushed burned elbow. 6. On May 8, 1996, at about 5:30 p.m., Defendant approached Plaintiff and claimed that the marriage wasn't going to work and that they would have to do something about the house. When she suggested selling it, he threw a metal oxygen sensor, that he had taken out of her car and had brought into the house with him, at Plaintiff's head. He broke the legs off of the bar where the four- year daughte: was sitting holding onto her mother causing her to almost fall. He then picked up one of the bar legs and while coming at Plaintiff, broke it over his leg and raised it as if to strike her. 7. On May lO, 1996, upon leaving the parties' home to join friends for dinner and line dancing, Plaintiff received abusive behavior from Defendant. He pushed the lawn mower onto the gravel and so that gravel was thrown against her legs. When she got in~o her automobile, he swung his fist and struck and broke the window to the driver side door where she was sitting. At the same time, he struck and broke the middle window on the driver side of the van. ': 8. On other occasions, Defendant has kicked her in the legs, punched her in the stomach, hit her on the side of her tace so that her pierced earring came detached. 9. Plaintiff avers that Defendant repeatedly places her in fear of bodily injury. B: EXr.LUSIVE POSSESSION 10. Plaintiff has no where to move to with her two children and requires that she remain in the family residence during such time as the order is in effect. c: SUPPORT 11. The Defendant has a duty to suppcirt the plaintiff and the minor children. 12. The Plaintiff is need of financial support from the Defendant including, but not limitp.d to: health insurance coverage, and payment of un-reimbursed medical expenses for herself and the children and cash support. D: ATTORNEYS FEES 13. The Plaintiff asks that the Defendant be ordered to pay reasonable attorney fees to O'Brien, Baric & Scherer. E: CUSTODY 14. The Plaintiff seeks temporary custody of the minor children, Leroy David Eshelman and Nicole Marie Eshelman. 15. Thp. best interests and permanent welfare of the minor children will be met if custody is temporarily granted to the Plaintiff pending a hearing in this matter for reasons inclUdinq: A. The Plaintiff is a responsible parent who can best take care of the minor children and has provided for the emotional and physical needs of the children since their births. B. The Defendant has shown by his abuse of the Plaintiff that he is not an appropriate role model for the minor children. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. ~ 6101 et ~., as amended, the Plaintiff prays this Honorable Court to grant the followin0 relief: 1. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" A. Ordering the Defendant to refrain from abusing the Plaintiff or placing her in fear of abuse. B. Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff including, but not limited to, telephone and written communications. C. Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives. .:' D. Prohibiting the Defendant from entering and/or telephoning the Plaintiff's place of employment. E. Prohibiting the Defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the Plaintiff. Vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 96- I I<..~ CIVIL TERM KIMBERLY K. ESHELMAN, plaintiff LEROY C. ESHELMAN, Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE AND CUSTODY '''ClQ. , AND NOW, this i~ day of May, 1996, comes Plaintiff Kimberly. K. Eshelman, by and through her attorneys O'Brien, Baric & Scherer, and petitions the Court as follows: 1. plaintiff, Kimberly K. Eshelman, is an adult individual residing at 1238 pine Road, Carlisle, Pennsylvania 17013. 2. Defendant, Leroy C. Eshelman, is an adult individual residing at 1238 pine Road, Carlisle, Pennsylvania 17013 3. Plaintiff and Defendant had lived as spouses on 1238 Pine Road, Carlisle. Pennsylvania, since their marriage on August 25, 1985. 1\ 11 i 4. The parties have two minor children, Leroy David Eshelman, DOB 9/26/89; and Nicole Marie Eshelman, COB 7/4/91. A: ABUSE 5. In late February or early March, 1996, plaintiff had a trip to Tennessee planned. Defendant told her that she wasn't permitted to go. When plaintiff said that she was going, Defendant then stood up against her and shoved his chest into her chest backing her against the bed. He then drew back his fist and swung, stopping """,I'I~'\~<"lIID!/",~-,r' " " , '; <;r '~~'{:I~.,,;,.;.,..: ... KIMBIRLY K. ESHILMAN, Plaintiff IN THE COURT OF COMMON PLIAS OF CUMBERLAND COUNTY, PINNSYLVANIA NO. 96-3768 CIVIL TIRM v. LIROY C. ISHELMAN, Defendant PROTECTION PRCM ABUSI IN REI PROTECTION PROM ABUSE ORDER OP COURT AND NOW, this 22nd day of July, 1996, after hearing and con.ideration of the te.timony pre.ented, we do find that Kimberly K. Eshelman is in need of a Protection from Abu.. Ord.r. W. dir.ct the Defendant, Leroy C. Eshelman, to r.frain from abusing the Plaintiff and/or placing her in fear of abu... We al.o direct the D.fendant co r.frain from removing, damaging, de.troying and/or .elling any property jointly owned by the partie. or owned .olely by the Plaintiff. Although we do not grant the Plaintiff exclu.iv. po.....ion of the re.idence at 1238 pine Road, Carli.l., w. und.r.tand that the hou.e only has three bedroom.. .aoh ohild has their ..parat. bedroom, and the wife i. u.ing the main bedroom. Should the hu.band wish to move back into the r..idence, w. direct that he .et up hi. bedroom in the family room, .eparate and apart from the wife's bedroom. i', The appropriate police departm.nt will b. provided with a copy of this Order by attorney for Plaintiff. Thi. Order , :1 'j/I, ',::'Ul,:_;; , ,i!l~_,~ ..'1:':-#;- "':';;"/l' (ij; .'.'lj, i"'it . l,',j' il i'd , " ,f ~ i'", 'i' .' .hall be .nforced by any law enforcement ag.ncy where a violation ocour. by arre.t for indirect criminal oontempt without warrant upon probable cause that this Order ha. b.en r~ ..~ ;j (,," >.I ;;. ',::) '1" .... ' .., ~ J\ C;"; ~ '<] ~ ~~ ., . ~ :'It. -;;r", -Q. , ~ t;") I,j ~, . , c,. , i '1 1 .. ~ 11'" " , \ , , , 4 ' I ~ 5=' ~ s . ~ '" ~~ ~ ::; "" . . ~ " i~i ~I ~ ~ ...l ~ ~ ., .... ~ ~ ~ ~ ~~ '" e ~ u ~ ~ u E ;:: ~II :; ..i~ . .... ~ ~ " ~ "" ;> 13 ~~ ~ ~ >oA < - ~ ~ ~ ~ "" 0 '" ~ ~ :.: r,Jj ~ ~ '" ~ '" ~ 0 . u ~' i>ol ~ ~ . .. ~. . to ' . . ~,:~ ., ,', " <, " i 1...1\, J, .,.'1 " " " , " " I' " ," , , ., \, , , ". " " , , " " . , .' . ", " \ i', , 'f 'i II I KIMBERLY K. ESHELMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, NO. 96- i)~ ~ CIVIL TERM Vs. LEROY C. ESHELMAN, Defendant CIVIL ACTION - LAW PROTECTION FROM ABUSE AND CUSTODY .~, AND NOW, this '(7 day of May, 1996, comes Plaintiff Kimberly K. Eshelman, by and through her attorneys O'Brien, Baric & Scherer, and petitions the Court as follows: 1. Plaintiff, Kimberly K. Eshelman, is an adult individual residing at 1238 Pine Road, Carlisle, Pennsylvania 17013. 2. Defendant, Leroy C. Eshelman, is an adult individual residing at 1238 Pine Road, Carlisle, Pennsylvania 17013 3. Plaintiff and Defendant had lived as spouses on 1238 Pine Road, Carlisle, Pennsylvania, since their marriage on August 25, 1985. 4. The parties have two minor children, Leroy David Eshelman, DOB 9/26/89; and Nicole Marie Eshelman, DOB 7/4191. A: ABUSE 5. In late February or early March, 1996, Plaintiff had a trip to Tennessee plan~ed. Defendant told her that she wasn't permitted to go. When Plaintiff said that she was going, Defendant then stood up against her and shoved his chest into her chest backing her against the bed. He then drew back his fist and swung, stopping 9. Plaintiff avers that Defendant repeatedly places her in fear of bodily injury. B; EXCLUSIVE POSSESSION 10. Plaintiff has no where to move to with her two children and requires that she remain in the family residence during such time as the order is in effect. I I C: SUPPOR~ 11. The Defendant has a duty to support the plaintiff and the minor children. 12. The Plaintiff is need of financial support from tt.e Defendant including, but not limited to: health insurance coverage, and payment of un-reimbursed medical expenses for herself and the children and cash support. D: ATTORNEYS FEES 13. The Plaintiff asks that the Defendant be ordered to pay reasonable attorney fees to O'Brien, Baric & Scherer. E: CUSTODY 14. The Plaintiff seeks temporary custody ~f the minor children, Leroy David Eshelman and Nicole Marie Eshelman. 15. The best interests and permanent welfare of the minor children will be met if cllstody is temporarily granted to the Plaintiff pending a hearing in this matter for reasons including: A. The Plaintiff is a responsible parent who can best take care of the minor children and has provided for the emotional and phy~ical needs of the children since their births. B. The Defendant has shown by his abuse of the Plaintiff that he is not an ~ppropriate role model for the minor children. F. Granting exclusive possession of the residence at 1238 Pine Road to Plaintiff, and ordering the Defendant to stay away from the parties' residence at 1238 Pine Road, Carlisle. The Defendant will remain in his vehicle at all times during the transfer of custody. G. Granting temporary physical custody of Leroy David Eshelman and Nicole Marie Eshelman to Plaintiff with partial custody awarded to the Defendant. H. Ordering the Defendant to pay support for the Plaintiff and children. 2. Schedule a hearing in accordance with the provisions of the "Protection from Abuse Act," and, after such hearing, enter an order to be in effect for a period of one year. Respectfully submitted, O'BRIEN, BARIC & SCHERER By ,.-- ,k?1)ANL Robert L. O'Brien, Esquire Attorney for Plaintiff 1.D. II 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 \' 'P. " , " , .'1' ,', , <B '" 0 ~ . ~~ '" '" . ~'" . ~~ ~ R i~~ f.:i II ~ ~ ~&l ... " ~ "'0 ~~ H~' ~ ~ ~f::i!i ~ oil T ~~ .~ . H E u E ~ o.lH ;> OO:z:!-< ~ ~ ~ ~ i ~ >0:5 "'ou ~~ u'" ....H< ~'" r;<l.;... 5 ;'! ~ ~ ~ ~~~ C2 - '~ ~ ~ "" ., . g,:u (:) ~ ~ o.l 0'" :z: :z: H . . . . , .JUt 1 ~ $Jlf , . ' . . . . ,~ ~ ' ~ ''V - t' ....::::... i;' ,i t 4 R The Defendant is enjoined from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives. The Defendant is enjoined from removing, damaging, destroying or selling any property owned jointly by the parties or owned solely by the Plaintiff. This Order shall remain in effect until a final order is entered in this case. A hearing shall day of ~, 199C, at CUmberlari~ County Courthouse, 2d~j be held on this matter on the ~J ' , A.M.~~, in Courtroom No. Carlisle, Pennsylvania. ~ The Cumberland County Sheriff's office shall attempt to make service at the Plaintiffs' request, but service may be accomplished under any applicable rule of Civil Procedure. The appropriate Police Department will be provided with a copy of this Order by attorney for Flaintiffs. This Order shall be enforced I I I , I II II " by any law enforcement agency where a violation occurs by arrest for indirect criminal contempt without warrant upon prohable cause that this Order has been violated, whether or not the violation is committed in the presence of the police officer. A violation of this Order may subject the Defendant to: I) arrest under 23 Pa. C.S. S6113.1; ii) a private criminal complaint ~nd.r 23 Pa. C.S. S 6113.1; iii) a charge of indirect criminal contempt under 23 Pa. C.S. S 6114, punishable by imprisonment up to six months and a fine of $100.00-$1,000.00; and iv) CiVll contempt under 23 Pa. C... 5 6114.1. Resumption of co-residence on the part of the Plaintiff and Defendant ahall not nullity the proviaiona of the court order. This Order shall remain in effect until modified or terminated by the Court after notice or hearing and can be extending by the Court after notice or hearing and can be extended beyond its original expiration date if the Court finds that the Defendant has committed another act of abuse or has engaged in a pattern or practice that indicates continued risk of harm to the Plaintiff. By the Court, J. rl .n ~ c- t;......~ '"1"1 i' ~- . I,,, :yJ r;]. , ;::.. :':1 m;g 1 u , "J " r ',' /, t'. ,,!'...2 . , " !');g : . :i-'.) -.~ i1rl ,l' ~ .) ";:J ,-I :~ , " which was prepared and signed by the Plaintiff and delivered to Mr. Turo's office for his client's signature several days after the parties' meeting. 5. On three occasions, the Defendant/Respondent has told the Plaintiff that he was going to sign the agreement and on other occasions, he has told her he will not sign the agreement. Most recently, on July ll, 1996, he told her that he would sign and on July 12, 1996, he said he went to Mr. Turo's office and he would not sign. 6. The Defendant/Respondent has returned to the marital home and is putting extreme emotional pressure on the Plaintiff and the children such that Plaintiff has taken the children and moved temporarily to another location. 7. All averments to the original Protection From Abuse Petition are incorporated herein by reference and Plaintiff, through the Petitioner, respectfully requests that the Court grant the Temporary Order attached hereto pending hearing on the PFA Petition. WHEREFORE, the Petitioner respectfully requests that the Court grant the Temporary Order attached hereto and schedule a ,hearing in this matter. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY"- ~.J..J../-- Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. /I 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 :1' " , I ' ''I ': , , I ';:~ " ," I,' ,:,'( "'-"; 'I )1 'j" , I,' 'i ,',:',;t _:~; \:.t_~ 'L'<< )\'i~ . >'!c\\ ~'i,li~ \';',1']1;' .>.<,.1 "', ,~ , ;"?? "i""; " , just before touching her face, turned slightly and put his fist through the wall. He then pushed her so that she fell backward and hit her head on the furniture causing bruising on her leg and back and ,a brushed burned elbow. 6. On May 8, 1996, at about 5:30 p.m., Defendant approached Plaintiff and claimed that the marriage wasn't going to work and that they would have to do something about the house. When she suggested selling it, he threw a metal oxygen sensor, that he had taken out of her car and had brought into the house with him, at Plaintiff's head. He broke the legs oif of the bar where the four- year daughter was sitting holding onto her mother causing her to almost fall. He then picked up one of the bar legs and while coming at Plaintiff, broke it over his leg and raised it as if to strike her. 7. On May 10, 1996, upon leaving the parties' home to join friends for dinner and line dancing, Plaintiff received abusive behavior from Defendant. He pushed the lawn mower onto the gravel and so that gravel was thrown against her legs. When she got into her automobile, he swung his fist and struck and broke the window to the driver side door where she was sitting. At the same time, he struck and broke the middle window on the driver side of the van. 8. On other occasions, Defendant has kicked her in the legs, punched her in the stomach, hit her on the side of her face so that her pierced earring came detached. physical needs of the children since their births. B. The Defendant has shown by his abuse of the Plaintiff that he is not an appropriate role model for the minor children. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976, 23 Pa.C.S. 5 610J, et ~., as amended, the Plaintiff prays this Honorable Court to grant the following relief: 1. Grant a Temporary Order pursuant to the "Protection from Abuse Act:" A. Ordering the Defendant to refrain from abusing the Plaintiff or placing her in fear of abuse. B. Ordering the Defendant to refrain from having any direct or indirect contact with the Plaintiff including, but not limited to, telephone and written communications. C. Ordering the Defendant to refrain from harassing and stalking the Plaintiff and from harassing the Plaintiff's relatives. D. Prohibiting the Defendant from entering and/or telephoning the Plaintiff's place of employment. E. Prohibiting the Defendant from removing, damaging, destroying or selling property jointly owned by the parties or owned by the Plaintiff. F. Granting exclusive possession of th$ residence at 1238 ~ine Road to Plaintiff, and ordering the Defendant to stay away from the parties' residence at 1238 Pine Road, Carlisle. The Defendant will remain in his vehicle at all times during the transfer of custody. G. Granting temporary physical custody of Leroy David Eshelman and Nicole Marie Eshelman to Plaintif.f with partial custody awarded to the Defendant. H. Ordering the Defendant to pay support for the Plaintiff and children. 2. Schedule a hearing in accordance with the provisions of the "Protection f.rom Abuse Act," and, afte, such hearing, enter an order to be in effect for a period of one year. Respectfully submitted, O'BRIEN, BARIC & SCHERER By -'.k? r: ,3 \..,'-L-._ Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. * 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873